Constitutionalism
We investigate what it means to be a constitutional people who remain tethered to the rule of law.
The Government Schools Persist in Mandating Gender Ideology
The volume and pace of federal litigation on these policies indicate there is no softening of the collective mind on transgenderism within the education industrial complex.
The Temptation of the Inferior “Imperial Judiciary”
This status quo is not sustainable. Either the President will retain his role as the chief of the executive branch, or he will not. Either the Supreme Court will retain its position as the Supreme Court, or it will not.
Major Questions Doctrine and Its Bipartisan History
Administrative law is important because it provides the framework for so many significant fights about policy. Unfortunately, it is also often misunderstood.
Trump’s Tariff Tantrum
Trump leaps from the frying pan into the fire in the aftermath of Learning Resources v. Trump.
The Administrative State’s Sludge
Congress has delegated so much power across so many statutes that it’s hard to find a question of any public importance to which some agency cannot point to policymaking authority.
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Ban the Filibuster — But Only for Continuing Budget Resolutions
Will the Unitary Executive Swallow the Independent Judiciary?
How Climate Litigation Imposes Back Door Carbon Taxes
The Localist Roots of Climate Litigation
What Americans Mean By “Constitution”
The Struggle for the Shadow Dockets